Most states take a fault approach to car insurance and accident lawsuits, which means the laws in those states don’t restrict a person’s right to sue over a wreck based on what type of insurance they have. New Jersey is one of a few states with a no-fault system. Depending on the terms of your car insurance policy, you might not be allowed to sue for crash-related damages that insurance doesn’t already cover.
Understanding these limited torts can be crucial to getting the best possible result from a car accident claim, and so can seeking help from a seasoned auto accident attorney who’s handled cases like yours successfully in the past. If you’re worried about what New Jersey law might say about your right to file suit over a wreck, you should make contacting an Eatontown limited tort lawyer your top priority.
Limited Versus Unlimited Right to Sue
New Jersey has a choice no-fault system. You can choose whether to participate in the system. When you buy auto insurance, you can choose whether to buy a basic policy or a slightly more expensive standard policy. If you choose a standard policy, you can then choose whether to accept a limited right to sue or pay a little more for an unlimited right to sue, as an Eatontown limited tort attorney can explain in more detail.
People who have standard car insurance policies with an unlimited right to sue don’t have any restrictions on their rights if they get hurt in a car wreck. They’ve chosen to insure themselves as if they live in a fault state. If you have a basic policy or a standard policy with a limited right to sue, you may be prohibited from suing for losses like physical pain and psychological trauma, even if someone else is 100% at fault for your wreck because you’ve chosen to participate in the no-fault system.
Exceptions to Limited Tort Restrictions
If you don’t have a standard insurance policy with an unlimited right to sue, you can generally only step outside the no-fault system if you suffer one of the following six types of injuries:
- A fatal injury, in which case your family members would be the ones seeking compensation in your name
- Loss of a fetus
- Loss of a limb
- A displaced bone fracture
- Permanent scarring or disfigurement
- Any other injury that your doctors are reasonably sure is permanent and irreversible
You may also be able to step outside this system if you get into a wreck with someone like a commercial truck driver who isn’t required to have the same type of insurance as other New Jersey drivers. Your limited tort lawyer in Eatontown can go over your options and offer guidance about what to do next during a private initial meeting.
Get Help from an Eatontown Limited Tort Attorney
Since every driver in New Jersey is legally required to buy car insurance coverage, most car accident cases begin as insurance claims. However, a lot of cases never progress beyond that stage. You need to have a thorough understanding of the Garden State’s limited tort laws.
An Eatontown limited tort lawyer can provide the support you need to enforce your legal rights and get paid what you need for your damages. Call today to get started.
